Why File a Wrongful Death Claim?
Wrongful death law applies in tort cases in which the negligent or wrongful conduct of the defendant caused the victim's death. Under California law, a wrongful death action is when a person's wrongful action – whether it was reckless, negligent, careless, or intentional – caused another person's death. A wrongful death action aims to hold the liable party accountable and compensate the decedent's surviving family members for their untimely loss.
Monetary compensation obtained through a wrongful death claim can give the survivors a much-needed financial boost to cover burial and funeral expenses amount the decedent would have earned as income, outstanding medical bills, and more. A wrongful death action aims to hold the responsible party liable so that such an unfortunate incident doesn't happen to other families.
What Constitutes Wrongful Death in California?
Under California law, a wrongful death claim is available when a person dies due to the legal fault of another person or entity, including negligence-based incidents, medical malpractice, and intentional acts. To file a wrongful death claim in California, the claimant must show that:
- The liable party owed a legal duty of care to the victim
- The liable party breached the duty of care
- A death occurred
- The breach caused the accident or injuries, which led to the victim's death
- The surviving loved ones suffered actual damages from the events of death
An experienced personal injury attorney can educate you about how to file your wrongful death claims, who can file, and the time limit for filing.
Statute of Limitations
In California, the statute of limitations applying to wrongful death lawsuits indicates that a claim must be within two years of the date of the deceased person's death.
Who Can File a Wrongful Death Claim in California?
Under California law, the decedent's surviving family members, including the spouse, domestic partner, children, or grandchildren, can bring a wrongful death claim.
The following damages may potentially be recovered in a California wrongful death claim:
- The financial support the decedent would have provided to the family members
- Loss of gifts or benefits the family members would have received from the deceased person
- Funeral and burial expenses
- The reasonable value of household services the decedent would have provided
- Loss of the decedent's "love, comfort, companionship, assistance, care, affection, protection, society, and moral support"
- Loss of sexual relations
- Loss of the decedent's guidance
A skilled attorney can represent your family's best interests and help you pursue fair compensation for your loss.
How Legal Counsel Can Help
The death of a loved one can be painful and affect your emotional, mental, and financial wellbeing. You don't have to face difficulties and financial liability on your own. If the death of a loved one was caused by a negligent party, it is important that you retain a wrongful death attorney immediately to protect your legal rights and help seek deserved compensation.
At Paul D. Fitzgerald, Attorney At Law, I'm dedicated to offering experienced legal guidance, support, and compassionate representation to families of wrongful death victims. As your attorney, I will:
- Review the surrounding details of your case and conduct a thorough, private investigation
- Gather all necessary evidence and documentation
- Help prove that the defendant's wrongful conduct caused the death.
- Help you understand the value of your claim or determine case-value
- Explore your available legal options to file a wrongful death claim.
- Negotiate a fair settlement with the insurance provider on your behalf
- Take additional legal action or file a wrongful death lawsuit, where required.
I will also provide support for you and your grieving family after such a heartbreaking loss. Using my extensive experience, I will fight diligently to protect your family's best interests and help you seek rightful financial compensation and justice for your loss. Having me on your side can mean a big difference in your wrongful death claims.